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GWALTNEY OF SMITHFIELD, LTD. v. HAGINS

Record No. 1342-99-1.

528 S.E.2d 162 (2000)

32 Va. App. 386

GWALTNEY OF SMITHFIELD, LTD. and the Travelers Indemnity Company of Illinois v. Lynnecia HAGINS.

Court of Appeals of Virginia, Chesapeake.

May 2, 2000.

Attorney(s) appearing for the Case

J. Derek Turrietta (William W. Nexsen; Stackhouse, Smith & Nexsen, on brief), Norfolk, for appellants.

Robert A. Rapaport (Richard E. Garriott, Jr.; Knight, Clarke, Dolph & Rapaport, on brief), Norfolk, for appellee.

Present: WILLIS, LEMONS and FRANK, JJ.

LEMONS, Judge.

Gwaltney of Smithfield, Ltd. ("employer") and Travelers Indemnity Company of Illinois appeal the Workers' Compensation Commission's decision that the employer failed to enforce a safety rule and that Lynnecia Hagins' initial claim for benefits was not barred by the provisions of Code § 65.2-306(A)(5).1 Finding no error, we affirm.

I. BACKGROUND

From September 1995 until November 1995, Hagins...

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